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2009-09-01 CC MinutesCity of Farmers Branch City Council Meeting Minutes City Council Chambers 13000 William Dodson Parkway Farmers Branch, Texas Tuesday, September 1, 2009 Study Session 4:00 P.M. Study Session Room Regular Meeting 6:00 P.M. City Council Chambers The following members of the Council were present: Mayor Mayor Pro Tem Deputy Mayor Pro Tem Councilmembers Tim O'Hare David Koch Tim Scott Harold Froehlich Ben Robinson Michelle Holmes The following members of the Administration were present: City Manager Interim Assistant City Manager City Secretary City Attorney Finance Director Director of Parks and Rec. City Engineer Director of Community Services Director of Public Works Library Director Director of Communications Police Chief Fire Chief Gary D. Greer Traci Leach Cindee Peters Kevin Laughlin Charles Cox Jeff Fuller Jerry Murawski Michael Spicer Mark Pavageaux Danita Barber Tom Bryson Sid Fuller Kyle King B.1 INVOCATION AND PLEDGE OF ALLEGIANCE. Councilman Tim Scott gave the invocation and Councilwoman Michelle Holmes led the pledge of allegiance. B.2 PRESENTATION BY THE MUSCULAR DYSTROPHY ASSOCIATION WITH RECOGNITION OF FARMERS BRANCH FIRE FIGHTERS. Representatives Lindsey Olexy and Ali Adamjee of the Muscular Dystrophy Association presented Mayor O'Hare with a plaque and pictures framed with photos to recognize the Farmers Branch Fire Department for their efforts during the local Fill-the-Boot campaign. Volume 102, page 110 B.3 PRESENTATION OF SERVICE AWARD -CHERILYN HUGHES - FIRE DEPARTMENT - 20 YEARS Mayor O'Hare presented Cherilyn Hughes of the Fire Department with a 20 year employee service award. B.4 RECOGNITION OF YARD OF THE MONTH RECIPIENTS FOR EXEMPLARY EFFORTS IN MAINTAINING THEIR YARDS AND FOR ADDING BEAUTIFICATION TO THE CITY. Mayor O'Hare stated one of the Goals of the City Council is to improve the appearance of the City of Farmers Branch by encouraging neighborhood beautification. The Yard of the Month program, begun on August 1, 2007, was put into place to achieve this goal, and to recognize homeowners who added beauty to their neighborhood with the landscaping and upkeep of their yard. The City was divided into quadrants, therefore awarding four yards each month. The panel of judges comprised of various City staff, City officials and horticulture specialists changes each month. The awards for September Yards of the Month were presented to the following: North West - Gerald & Velma Fleming - 2948 Harlee Dr. North East - Robert Manna - 14312 Southern Pines Dr. South West - Tom & Vicky Davis - 12445 Wood Manor Circle (not present) South East - Laurie Dempsay - 3404 Chaparral Drive B.5 PRESENTATION OF BOARD APPLICATIONS AND BOARD AND COMMISSION APPOINTMENTS AND TAKE APPROPRIATE ACTION. This item gives applicants an opportunity to present board applications to the City Council and the City Council to make appointments to vacancies on boards and commissions. A motion by Councilwoman Michelle Holmes, a second by Mayor Pro Tem Koch, all voting "aye", appointed Mary Lozano to the Community Watch Committee. A motion by Councilman Robinson, a second by Mayor Pro Tem Koch, all voting "aye", reappointed Robert Davis, Roy Morales, David Martinez, Jim Barrett, Rick Johnson and Joe Wells to the Parks and Recreation Board. B.6 REPORT ON STUDY SESSION ITEMS. The City Council gave a brief report on the items discussed in Study Session. Volume 102, page 111 B.7 REPORT ON ITEMS OF COMMUNITY INTEREST. PURSUANT TO SECTION 551.0415 OF THE TEXAS GOVERNMENT CODE THE CITY COUNCIL MAY REPORT ON THE FOLLOWING ITEMS: 1.) EXPRESSION OF THANKS, CONGRATULATIONS OR CONDOLENCES, 2.) INFORMATION ABOUT HOLIDAY SCHEDULES, 3.) RECOGNITION OF INDIVIDUALS, 4.) REMINDERS ABOUT UPCOMING CITY EVENTS, 5.) INFORMATION ABOUT COMMUNITY EVENTS AND 6.) ANNOUNCEMENTS INVOLVING AN IMMINENT THREAT TO PUBLIC HEALTH AND SAFETY. Mayor O'Hare announced that Ruth Ann Parish was selected as Citizen of the Year by the Rotary Club. C. CONSENT ITEMS Mayor O'Hare stated consent items are items that are to be considered that may not need discussion individually. Any member of the City Council or the audience may request to withdraw any item from the consent items and place the item before the Council for full discussion. The concept for consent items is to speed up discussion for those items that need more time for discussion. 1 A motion by Mayor Pro Tern Koch, a second by Councilman Froehlich, all voting "aye", removed item CA from the consent agenda and will be heard as item E.O. A motion by Mayor Pro Tern Koch, a second by Councilman Froehlich, all voting "aye", approved the consent agenda as modified. C.1 APPROVED MINUTES OF CITY COUNCIL MEETING OF AUGUST 11, 2009 AND THE SPECIAL CITY COUNCIL MEETING OF AUGUST 25, 2009. C.2 EXCUSED THE ABSENCE OF COUNCILMEMBER MICHELLE HOLMES AT THE AUGUST 11, 2009 MEETING. C.3 ADOPTED RESOLUTION NO. 2009-056 AUTHORIZING THE CITY MANAGER TO EXECUTE, ON BEHALF OF THE CITY OF FARMERS BRANCH, A LANDFILL GAS PURCHASE AGREEMENT WITH WM RENEWABLE ENERGY, L.L.C. C.5 ACCEPTED $2,000 CHECK TO FARMERS BRANCH ANIMAL SERVICES BY MADDIE'S FUND AND THE PETFINDER.COM FOUNDATION. D.1 PUBLIC HEARING: TO CONSIDER ADOPTING A $0.5195 PROPERTY TAX RATE AND TAKE APPROPRIATE ACTION. Volume 102, page 112 City Manager Gary Greer gave a brief summary of comments concerning the proposed budget which includes a tax increase. A public hearing is being held to consider adopting a 51.95-cent property tax rate for the 2009-2010 fiscal year. In compliance with the State Property Tax Code, the City Council passed a motion during the August 11, 2009 City Council meeting proposing that the City adopt a 51.95 cent property tax rate. No tax rate was adopted at that meeting. Two public hearings regarding this proposal were scheduled, one for August 25, 2009 and one tonight. Final property tax rate adoption is scheduled during the City Council meeting on September 15, 2009. Mayor O'Hare explained the Council could now talk about the certificates of obligation and what the City plans are for those. Mayor O'Hare stated the City has a contract to purchase the Albertson's building and the strip shopping center to the south of the Albertson's building. Mayor O'Hare stated the City is purchasing these buildings because they are dangerous and a hazard to the citizens of Farmers Branch. Councilman Ben Robinson presented the Council and staff with some proposed cuts in the budget to increase the general fund. A discussion followed among the City Council concerning these cuts. Mayor O'Hare opened the public hearing. Mr. Rick Lyon, 3720 Wooded Creek, explained he had no feeling one way or another on a tax increase and wondered if the City is following its core values. Ms. Charity Costantino, 3023 Valwood, stated she is against a tax increase. Mr. Rick Johnson, Harlee Drive, stated he was in favor of a tax increase. Mr. Sam Aceves, 14106 Birchlawn, stated he was also in favor of a tax increase. A motion by Councilman Froehlich, a second by Councilwoman Holmes, all voting "aye", closed the public hearing. D.2 PUBLIC HEARING: CONSIDER ADOPTING ORDINANCE NO. 3040 AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND ORDINANCE NO. 3041 AMENDING CHAPTER 34 OF THE CITY CODE OF ORDINANCES REGARDING DEVELOPMENT REQUIREMENTS FOR NATURAL GAS WELL SITES INCLUDING SETBACK REQUIREMENTS FOR FRACING WATER PONDS, ENCLOSURE REQUIREMENTS FOR GAS LIFT COMPRESSORS AND ASSOCIATED TEXT AND TAKE APPROPRIATE ACTION. Andy Gillies, Director of Planning, explained in March 2008, the City of Farmers Branch adopted regulations to allow for the development of natural gas well sites within the City. These future well sites are only allowed west of U.S. Interstate 35 East in selected Volume 102, page 113 Planned Development districts subject to approval of a Specific Use Permit. In October 2008, the City approved its first gas well site at 12651 Mercer Parkway for Trinity East Energy, LLC. As Trinity East Energy continues to investigate additional gas well sites within these zoning districts, they are requesting amendment of the gas well development standards relative to fracing water ponds and gas lift compressors. Trinity East Energy is requesting the City remove the 300 feet setback requirement for "fracing water ponds". A "fracing water pond" is a reservoir of fresh water located near the gas well site. During the well production process this water is injected into the well to increase the recovery of natural gas. In most cases, these fracing water ponds are temporarily constructed on site and eventually removed at the end of well site's production period. Only fresh water is placed in the fracing water pond. Currently in the City's development standards fracing water ponds are required to be located at least 300 feet away from any playground, park, or building designed for human occupancy. The other amendment request would allow the opportunity for gas lift compressors to be used onsite without being located within a sound insulated enclosure. These gas lift compressors, however, would still have to be located at least 300 feet away from any playground, park, or building designed for human occupancy, as well as meet specific noise limit requirements. Additionally, proposed subparagraph 8-410-4, amending the Comprehensive Zoning Ordinance, adds text to clarify the City's authority to require additional studies or design elements on a case by case basis in its consideration of a Specific Use Permit for a gas well site. The Planning & Zoning Commission voted unanimously to recommend approval of the proposed amendments to the Comprehensive Zoning Ordinance regarding development standards for natural gas well sites including setback requirements for fracing water ponds, enclosure requirements for gas lift compressors, and adding subparagraph 8-410- 4. Mayor O'Hare opened the public hearing. A motion by Councilman Robinson, a second by Mayor Pro Tem Koch, all voting "aye", closed the public hearing. A motion by Councilman Scott, a second by Mayor Pro Tem Koch, all voting "aye, approved the following captioned Ordinance No. 3040 amending Article 8 of the Comprehensive Zoning Ordinance as recommended by the Planning and Zoning Commission and Ordinance No. 3041 amending Chapter 34 of the City Code of Ordinances relative to gas well development requirements. Volume 102, page 114 ORDINANCE NO. 3040 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS, AS HERETOFORE AMENDED, BY AMENDING ARTICLE VIII "USE REGULATION DISTRICTS," SECTION 8- 400 "SPECIFIC USE PERMITS," SUBSECTION 8-410-3, PARAGRAPH I REGARDING LOCATION OF CERTAIN WELL SITE IMPROVEMENTS AND EQUIPMENT AND PARAGRAPH J RELATING TO THE LOCATION, DESIGN, AND OPERATION OF GAS COMPRESSORS AND ADDING A NEW SUBSECTION 8-410-4 RELATING TO ADDITIONAL CONDITIONS THAT MAY BE INCLUDED UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2000.00) FOR EACH OFFENSE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING PUBLICATION ORDINANCE NO. 3041 AN ORDINANCE OF THE CITY OF FARMERS BRANCH, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY OF FARMERS BRANCH, TEXAS, BY AMENDING CHAPTER 34 "ENVIRONMENT," ARTICLE X "NATURAL GAS DRILLING AND PRODUCTION," DIVISION 2 "APPLICATIONS AND PERMITS," SECTION 34-511 "GAS WELL PERMIT REQUIREMENTS," PARAGRAPH (F) "LOCATIONS AND SETBACKS OF WELLS," SUBPARAGRAPH (2) REGARDING LOCATION OF CERTAIN WELL SITE IMPROVEMENTS AND EQUIPMENT AND SUBPARAGRAPH (3) RELATING TO THE LOCATION, DESIGN, AND OPERATION OF GAS COMPRESSORS; PROVIDING FOR A REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2000.00) FOR EACH OFFENSE; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING PUBLICATION E.0 ADOPTED RESOLUTION NO. 2009-061 AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT WITH VALWOOD IMPROVEMENT AUTHORITY REGARDING THE JOHN F. BURKE NATURE PRESERVE. Jeff Harting, Assistant Director of Parks and Recreation, explained on January 5, 2004 City Council designated approximately 31 acres of City owned land as the John F. Burke Nature Preserve. The Preserve is on the west side of the City between the Trinity River and the President George Bush Toll Road. The Preserve is north of Valley View though not adjacent to Valley View and a public access point is unavailable. Staff has been working to secure access and striving to add adjacent properties to make the Preserve larger. Volume 102, page 115 The property to the south of the Preserve, approximately 30 acres, and adjacent to Valley View is owned by the North Texas Tollway Authority (NTTA). On October 27, 2008 the City and the North Texas Tollway Authority (NTTA) entered into a 20-year multiple use agreement allowing the City to add this property to the Preserve, effectively doubling its size and gaining access to Valley View. Since that time staff has been negotiating with the Valwood Improvement Authority (VIA) to add additional property, approximately 43.68 acres, to the north side of the Preserve and to use VIA's service road as the actual public access to the Preserve. The interlocal agreement with VIA would increase the land available for the John F. Burke Nature Preserve to over 100 acres. Adopting this Resolution will effectively add VIA's property to the Preserve and allow staff to move forward with the planning process and to do some necessary work to get the Preserve open to the public largely in its present state for at least the near term. A motion by Councilman Robinson, a second by Mayor Pro Tem Koch, all voting "aye", approved Resolution No. 2009-061. E.1 DISCUSS DESIGNATING IH35E AS LIBERTY FREEWAY AND TAKE APPROPRIATE ACTION. Jerry Murawski, City Engineer, explained at the May 19, 2009 and July 14, 2009 Study Sessions, the City Council discussed the name of IH35E service roads through the City. As a result, the street signs were changed from Harry Hines Boulevard to Stemmons Freeway, which is how the businesses along the freeway are addressed. Council further expressed a desire to designate the portion of the Stemmons Freeway through the City as Liberty Freeway. Starting with Liberty Plaza, the City Council has conferred special recognition of the high esteem that the City has for liberty and for those men and women who gave so much to obtain and preserve the liberty we have in the United States. Designating IH35E as Liberty Freeway would be an extension of the respect and honor that the City has for liberty we enjoy in the United States. For address purposes, the name of the freeway would not change. Resolution No. 2009-062 has been prepared in the event that the City Council desires to designate IH35E as Liberty Freeway. City Administration recommends adopting Resolution No. 2009-062 designating a portion of IH35E as Liberty Freeway. Rachael Loftus, Project Specialist, presented two options for a possible sign designating Liberty Highway. Council like option one. Volume 102, page 116 A motion by Mayor Pro Tern Koch, a second by Councilman Scott, all voting "aye", adopted Resolution No. 2009-062 establishing the name of Liberty Ilighway along the IH35E service roads. Mayor O'Hare stated there was no executive session tonight. G.1 ADJOURNMENT. A motion by Councilman Scott, a second by Councilman Froehlich, all voting "aye", adjourned toe City Council meeting of September 1, 2009 at 6:47 p.m. / e Tim O'Hare, Mayor Cindee Peters, ity Secretary 1 i i Volume 102, page 117